Amendment SSA1-SB21

SB21-SSA1,595,12 3. a. Nothing in this section prohibits the department from establishing a shoreland zoning standard that allows the vertical or lateral expansion of a nonconforming structure.

SB21-SSA1,595,16 b. Nothing in this section prohibits a county from enacting a shoreland zoning ordinance that allows the vertical or lateral expansion of a nonconforming structure if the ordinance does not conflict with shoreland zoning standards established by the department.

SB21-SSA1,1922g Section 1922g. 59.692 (1m) of the statutes is renumbered 59.692 (1c).

SB21-SSA1,1922h Section 1922h. 59.692 (1s) of the statutes is repealed.

SB21-SSA1,1922i Section 1922i. 59.692 (2m) (a) and (b) (intro.) and 1. of the statutes are repealed.

SB21-SSA1,1922j Section 1922j. 59.692 (2m) (b) 2. of the statutes is renumbered 59.692 (2m) and amended to read:

SB21-SSA1,596,2 59.692 (2m) Regulates A county shoreland zoning ordinance may not regulate the construction of a structure or building on a substandard lot if in a manner that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.

SB21-SSA1,1922k Section 1922k. 59.692 (4) (b) of the statutes is amended to read:

SB21-SSA1,596,9 59.692 (4) (b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.694, and the procedures of that section apply. Notwithstanding s. 59.694 (4), the department may not appeal a decision of the county to grant or deny a variance under this section but may, upon the request of a county board of adjustment, issue an opinion on whether a variance should be granted or denied.

SB21-SSA1,1922L Section 1922L. 59.692 (5m) of the statutes is created to read:

SB21-SSA1,596,14 59.692 (5m) If a county has in effect on or after the effective date of this subsection .... [LRB inserts date], a provision in an ordinance that is inconsistent with sub. (1d), (1f), (1k), or (2m), the provision does not apply and may not be enforced.

SB21-SSA1,1923e Section 1923e. 59.70 (25) of the statutes is created to read:

SB21-SSA1,596,19 59.70 (25) Interstate hazardous liquid pipelines. A county may not require an operator of an interstate hazardous liquid pipeline to obtain insurance if the pipeline operating company carries comprehensive general liability insurance coverage that includes coverage for sudden and accidental pollution liability.

SB21-SSA1,1923m Section 1923m. 59.796 of the statutes is created to read:

SB21-SSA1,596,24 59.796 Milwaukee County; opportunity schools and partnership program. Notwithstanding s. 59.81, the board of any county with a population of 750,000 or more may not have access to or exercise oversight of any private gifts and grants received by the county executive under s. 59.17 (2) (b) 7.

SB21-SSA1,1923p Section 1923p. 59.88 of the statutes is created to read:

SB21-SSA1,597,3 59.88 Employee retirement system of populous counties; duty disability benefits for a mental injury. (1) In this section, "county" means any county having a population of 500,000 or more.

SB21-SSA1,597,6 (2) If an employee retirement system of a county offers a duty disability benefit, the employee retirement system may only provide the duty disability benefit for a mental injury if all of the following apply:

SB21-SSA1,597,9 (a) The mental injury resulted from a situation of greater dimensions than the day-to-day mental stresses and tensions and post-traumatic stress that all similarly situated employees must experience as part of the employment.

SB21-SSA1,597,10 (b) The employer certifies that the mental injury is a duty-related injury.

SB21-SSA1,597,15 (3) If an employee retirement system of a county determines that an applicant is not eligible for duty disability benefits for a mental injury, the applicant may appeal the employee retirement system's determination to the department of workforce development. In hearing an appeal under this subsection, the department of workforce development shall follow the procedures under ss. 102.16 to 102.26.

SB21-SSA1,597,18 (4) This section applies to participants in an employee retirement system of a county who first apply for duty disability benefits for a mental injury on or after the effective date of this subsection .... [LRB inserts date].

SB21-SSA1,1924 Section 1924. 60.05 (4) of the statutes is amended to read:

SB21-SSA1,597,25 60.05 (4) Court order. If, after the hearing under sub. (3), the court finds that the area of the proposed town meets the requirements of sub. (1), the court shall enter an order establishing a new town under the name proposed in the petition and shall designate the location of the first town meeting of the new town. The clerk of court shall immediately file certified copies of the order with the secretary of state administration and the county clerk.

SB21-SSA1,1925 Section 1925. 60.065 of the statutes is amended to read:

SB21-SSA1,598,8 60.065 Change of town name. The name of a town shall be changed if a petition designating the new name is signed and filed with the town clerk under the procedures in s. 9.20 (1), certified by the town clerk under the procedure in s. 9.20 (3), approved by the electors in an election held under the procedures in s. 9.20 (4) and the result of the election is published in the town's official paper, or posted in the town, and the new name is filed in the office of with the secretary of state administration.

SB21-SSA1,1936u Section 1936u. 60.61 (4) (g) of the statutes is created to read:

SB21-SSA1,598,12 60.61 (4) (g) As part of its approval process for granting a conditional use permit under this section, a town may not impose on a permit applicant a requirement that is expressly preempted by federal or state law.

SB21-SSA1,1937m Section 1937m. 60.62 (3) (c) of the statutes is created to read:

SB21-SSA1,598,16 60.62 (3) (c) As part of its approval process for granting a conditional use permit under this section or s. 61.35, a town may not impose on a permit applicant a requirement that is expressly preempted by federal or state law.

SB21-SSA1,1938e Section 1938e. 60.635 of the statutes is created to read:

SB21-SSA1,598,22 60.635 Environmental protection; interstate hazardous liquid pipelines. A town may not require an operator of an interstate hazardous liquid pipeline to obtain insurance if the pipeline operating company carries comprehensive general liability insurance coverage that includes coverage for sudden and accidental pollution liability.

SB21-SSA1,1940 Section 1940. 61.187 (2) (d) of the statutes is amended to read:

SB21-SSA1,599,11 61.187 (2) (d) If, in accordance with par. (a), the results of the election under sub. (1) provide for dissolution, the village clerk shall, within 10 days after the election, record the petition and determination of the village board of canvassers in the office of the register of deeds of the county or counties in which the village is located and file with the secretary of state administration certified copies of the petition and the determination of inspectors of election. The village clerk shall also record in the office of the register of deeds a certificate by the village clerk showing the date on which the dissolution takes effect and file with the secretary of state administration 4 copies of the certificate. These documents shall be recorded and indexed by the register of deeds. The index shall include the volume or reel number and the page or image number of the original documents. The secretary of state administration shall forward 2 copies of the certificate to the department of transportation and one to the department of revenue.

SB21-SSA1,1941 Section 1941. 61.189 (2) of the statutes is amended to read:

SB21-SSA1,600,2 61.189 (2) The election shall be noticed and conducted and the result canvassed and certified as in the case of regular village elections and the village clerk shall immediately file with the secretary of state administration 4 copies of a certification certifying the fact of holding such election and the result thereof and a description of the legal boundaries of such village or proposed city and 4 certified copies of a plat thereof; and thereupon a certificate of incorporation shall be issued to such city by the secretary of state administration. Two copies of the certification and plat shall be forwarded by the secretary of state administration to the department of transportation and one copy to the department of revenue. Thereafter such city shall in all things be governed by the general city charter law. All debts, obligations and liabilities existing against such village at the time of such change shall continue and become like debts, obligations and liabilities against such city, and such city may carry out and complete all proceedings then pending for the issue of bonds for improvements therein.

SB21-SSA1,1943d Section 1943d. 61.353 (3) (intro.) of the statutes is amended to read:

SB21-SSA1,600,6 61.353 (3) (intro.) A village ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

SB21-SSA1,1943e Section 1943e. 61.353 (3) (c) and (d) of the statutes are repealed.

SB21-SSA1,1945 Section 1945. 62.02 of the statutes is amended to read:

SB21-SSA1,600,14 62.02 Repeal of special charters. All special charters for cities of the 2nd, 3rd and 4th classes are hereby repealed and such cities are hereby incorporated under this subchapter. The city clerk shall forthwith certify the boundaries of such city to the secretary of state administration, who shall file the same and issue to such city a certificate of incorporation as of the date when this subchapter became effective, and record the same.

SB21-SSA1,1946 Section 1946. 62.075 (5) of the statutes is amended to read:

SB21-SSA1,600,20 62.075 (5) Notice of entry of judgment; upon whom served. A certified copy of every such order shall be filed with the town and city clerk and with the county clerk and 4 copies with the secretary of state administration. The secretary of state administration shall forward 2 copies to the department of transportation and one copy to the department of revenue.

SB21-SSA1,1947d Section 1947d. 62.233 (3) (intro.) of the statutes is amended to read:

SB21-SSA1,600,24 62.233 (3) (intro.) A city ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:

SB21-SSA1,1947e Section 1947e. 62.233 (3) (c) and (d) of the statutes are repealed.

SB21-SSA1,1948d Section 1948d. 62.26 (7) of the statutes is amended to read:

SB21-SSA1,601,7 62.26 (7) Change of city name. The name of any city of the fourth class shall be changed if a majority of the electors shall address a written petition therefor to the council designating the new name, and the council shall by a two-thirds vote of all the members adopt an ordinance changing to such new name. The change shall be in effect upon publication of the ordinance in the official paper, and the filing of a copy thereof in the office of with the secretary of state administration.

SB21-SSA1,1948f Section 1948f. 62.53 of the statutes is created to read:

SB21-SSA1,601,13 62.53 Real property used for school purposes; 1st class cities. Beginning on the effective date of this section .... [LRB inserts date], the lessor of any lease entered into between a 1st class city and a school district operating under subch. I of ch. 119 and involving the use of city-owned real property for school purposes shall do the following:

SB21-SSA1,601,19 (1) Provide for the superintendent of schools, on behalf of the superintendent of schools opportunity schools and partnership program under s. 119.33, to be an agent of the board of school directors in charge of the public schools under ch. 119 upon transfer under s. 119.33 (2) (c) of the school using the land, buildings, and facilities to the superintendent of schools opportunity schools and partnership program under s. 119.33.

SB21-SSA1,601,24 (2) Provide for the commissioner of the opportunity schools and partnership program under subch. II of ch. 119 to be an agent of the board of school directors in charge of the public schools under ch. 119 upon transfer under s. 119.9002 (3) of the school using the land, buildings, and facilities to the opportunity schools and partnership program under subch. II of ch. 119.

SB21-SSA1,1948L Section 1948L. 62.624 of the statutes is created to read:

SB21-SSA1,602,4 62.624 Employee retirement system of a 1st class city; duty disability benefits for a mental injury. (1) If an employee retirement system of a 1st class city offers a duty disability benefit, the employee retirement system may only provide the duty disability benefit for a mental injury if all of the following apply:

SB21-SSA1,602,7 (a) The mental injury resulted from a situation of greater dimensions than the day-to-day mental stresses and tensions and post-traumatic stress that all similarly situated employees must experience as part of the employment.

SB21-SSA1,602,8 (b) The employer certifies that the mental injury is a duty-related injury.

SB21-SSA1,602,13 (2) If an employee retirement system of a 1st class city determines that an applicant is not eligible for duty disability benefits for a mental injury, the applicant may appeal the employee retirement system's determination to the department of workforce development. In hearing an appeal under this subsection, the department of workforce development shall follow the procedures under ss. 102.16 to 102.26.

SB21-SSA1,602,16 (3) This section applies to participants in an employee retirement system of a 1st class city who first apply for duty disability benefits for a mental injury on or after the effective date of this subsection .... [LRB inserts date].

SB21-SSA1,1948p Section 1948p. 63.23 (1) of the statutes is amended to read:

SB21-SSA1,602,25 63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which in the judgment of the commission are substantially the same with respect to authority, responsibility and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

SB21-SSA1,1949b Section 1949b. 66.0133 (1) (a) of the statutes is amended to read:

SB21-SSA1,603,5 66.0133 (1) (a) "Energy conservation measure" means a facility alteration or training, service, or operations program designed to reduce energy consumption or operating costs, conserve water resources, improve metering accuracy, or ensure state or local building code compliance.

SB21-SSA1,1949c Section 1949c. 66.0133 (1) (bg) of the statutes is created to read:

SB21-SSA1,603,8 66.0133 (1) (bg) "Operational savings" means savings from costs eliminated or avoided as a result of installing equipment or providing services.

SB21-SSA1,1949d Section 1949d. 66.0133 (1) (c) of the statutes is amended to read:

SB21-SSA1,603,12 66.0133 (1) (c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more of these measures.

SB21-SSA1,1949e Section 1949e. 66.0133 (1) (d) of the statutes is amended to read:

SB21-SSA1,603,19 66.0133 (1) (d) "Qualified provider" means a person, other than a local governmental unit, who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.

SB21-SSA1,1949f Section 1949f. 66.0133 (2) (a) of the statutes is renumbered 66.0133 (2) (a) 1. and amended to read:

SB21-SSA1,604,2 66.0133 (2) (a) 1. Any Except as provided under subd. 2., any local governmental unit may, in accordance with this section, enter into a performance contract with a qualified provider to reduce energy or operating costs, realize operational savings, conserve water resources, ensure state or local building code compliance, or enhance the protection of property of the local governmental unit.

SB21-SSA1,1949g Section 1949g. 66.0133 (2) (a) 2. of the statutes is created to read:

SB21-SSA1,604,8 66.0133 (2) (a) 2. A performance contract with a qualified provider under this section may not allow a local governmental unit to increase the square footage of a facility unless the increase is necessary to make mechanical, electrical, or plumbing improvements in order to achieve reductions in energy consumption or to conserve water resources.

SB21-SSA1,1949h Section 1949h. 66.0133 (2) (b) of the statutes is amended to read:

SB21-SSA1,604,20 66.0133 (2) (b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, a local governmental unit shall obtain a report from a qualified provider containing recommendations concerning the amount the local governmental unit should spend on energy conservation and facility improvement measures. The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the local governmental unit will be reduced or energy or water metering accuracy will be improved, if the installation, modification or remodeling is performed by that qualified provider.

SB21-SSA1,1949i Section 1949i. 66.0133 (2) (c) of the statutes is amended to read:

SB21-SSA1,605,2 66.0133 (2) (c) If, after review of the report under par. (b), the local governmental unit finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs, or the benefits to be obtained by improved metering accuracy, over the remaining useful life of the facility to which the measures apply, the local governmental unit may enter into the contract.

SB21-SSA1,1949j Section 1949j. 66.0133 (3) of the statutes is amended to read:

SB21-SSA1,605,24 66.0133 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52 (29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.54, 61.57, 62.15 (1), 62.155, 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2., 200.11 (5) (d) and 200.47 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract with a qualified provider if the contract is awarded by the governing body of the local governmental unit and if the qualified provider agrees to sign the performance contract and all contracts with subcontractors, including subcontractors who provide billing services under the performance contract. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract and an explanation of how these measures will generate operational savings sufficient to pay for the cost of the measures. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.

SB21-SSA1,1949k Section 1949k. 66.0133 (5) of the statutes is amended to read:

SB21-SSA1,606,8 66.0133 (5) Payment schedule; savings. Each performance contract shall provide that all payments to a qualified provider, except obligations on termination of the contract before its expiration, shall be made over time as energy savings are achieved no later than the date on which the contract expires. Energy savings shall be guaranteed by the qualified provider for the entire term of the performance contract and may not be guaranteed by a third party. Unless otherwise agreed by the parties, every performance contract shall assume an annual increase of 3 percent in the cost of relevant utility services incurred by the local governmental unit.

SB21-SSA1,1949L Section 1949L. 66.0133 (8) of the statutes is amended to read:

SB21-SSA1,606,14 66.0133 (8) Bonds. Each qualified provider under a performance contract shall provide labor and material payment and performance bonds in an amount equivalent to the maximum amount of any payments due under the contract , including payments for work performed by other persons that is necessary to achieve the required guaranteed energy or operational savings.

SB21-SSA1,1949m Section 1949m. 66.0133 (11) (i) of the statutes is amended to read:

SB21-SSA1,606,17 66.0133 (11) (i) Lifesafety Life safety improvements or systems required to comply with the federal Americans with Disabilities Act.

SB21-SSA1,1949n Section 1949n. 66.0133 (11) (ig) of the statutes is created to read:

SB21-SSA1,606,20 66.0133 (11) (ig) Replacement or improvement of energy or water metering systems.

SB21-SSA1,1949p Section 1949p. 66.0133 (11) (im) of the statutes is created to read:

SB21-SSA1,606,24 66.0133 (11) (im) Measures to improve indoor or outdoor water conservation, including measures related to water recycling and reuse, and systems or equipment that implement those measures.

SB21-SSA1,1949q Section 1949q. 66.0133 (11) (ir) of the statutes is created to read: